In re the Last Will & Testament of Robbins ( 1921 )

Decree of the Surrogate’s Court of Kings county affirmed, with costs to all parties who have appeared payable out of the estate. No opinion. Blaekmar, P. J., Mills, Putnam and Manning, JJ., concur; Kelly, J., dissents on the ground that the words used by the testator, “ Subject, however, as follows ” apply to all that goes before, and that all of the following legacies down to the final residuary legacy are of equal rank and take precedence over the provisions for the widow.